Straffford County judge: Message to voters on new residency law went too far

Saturday

Oct 6, 2012 at 3:15 AMOct 6, 2012 at 7:54 AM

By Jim Haddadinjhaddadin@fosters.com

DOVER — A Strafford County judge has reversed a portion of his ruling on the state's new voter registration law, but is holding firm on his decision to strike a disputed paragraph from registration forms.

At issue is a law requiring new voters to sign a statement saying they are subject to all residency laws. That includes laws compelling them to get a driver's license and register their cars in the state.

A Strafford County judge blocked implementation of the law last month, saying it harms out-of-state college students seeking to vote in New Hampshire. He sided with plaintiffs who filed a lawsuit against the state, claiming the new voter registration form could disenfranchise college students and other temporary residents.

Judge John Lewis ordered the state to stop using the new voter registration form, which was in circulation for about one month, and also ordered the secretary of state's office to add a statement to its website indicating college students are not required to register their cars in New Hampshire as a consequence of voting.

Secretary of State Bill Gardner disagreed with the judge, but complied with the order. He authorized his office to post the judge's written message on the website Monday, underneath a paragraph that read: “The following notice is being posted by Superior Court order from Judge John Lewis. The Secretary of State disagrees with the following notice and is challenging its constitutionality in court. This notice will remain only until further order of the court.”

The attorney general's office is asking Lewis to reconsider his decision. The state Supreme Court has also accepted a request from the state to hear an appeal on the ruling.

In its motion for reconsideration, the state argued Lewis' ruling was overly broad, and that the statement posted to the secretary of state's website was confusing.

Lewis conceded those points Friday, issuing a ruling that states the portion of his decision regarding the secretary of state's website “went beyond what should properly be entered here as preliminary injunctive relief,” and that the statement, “may not be an entirely accurate expression of the law.” He ordered the requirement about the website posting to be stricken from his ruling.

Under state law, voters aren't required to be permanent residents of New Hampshire to cast ballots here. Anyone who maintains a “domicile” in the state is eligible to vote in New Hampshire, including college students.

However, Republican lawmakers passed a bill this year intended to force anyone who chooses to vote in New Hampshire to also become a legal resident — a move that would force them to get a New Hampshire driver's license. They overcame a veto by Gov. John Lynch to pass SB318, the bill that enacted the changes and amended the voter registration form.

O'Brien argues maintaining a “domicile” in New Hampshire — as evidenced by voting — is now synonymous with being a resident.

That interpretation has been rejected by both Lewis and the attorney general's office, which is defending the state against their lawsuit.

The judge ruled New Hampshire law continues to distinguish between having a “domicile” and being a “resident.” He called the new wording on the voter registration form an “inaccurate and confusing expression of the law,” and said it “does not pass constitutional muster.”

Associate Attorney General Richard Head, who handled the court case for the state, did not attempt to persuade the judge O'Brien's interpretation of the law is correct, nor did he advance it in court.

House Speaker Bill O'Brien has asked to become a party to the suit, both in the lower court and in the Supreme Court, speaking as a representative of the House of Representatives. The attorney general's office has asked judges to prevent O'Brien from being accepted as an intervenor.

O'Brien has criticized the attorney general's handling of the voter registration case, and accused the state's lawyers of “turning the Constitution on its head” by seeking to keep the Legislature out of the legal proceedings. O'Brien argues Lewis erred by “not construing SB318 to expand the definition of residency.”

The lawsuit against the voter registration law was brought by the League of Women Voters of New Hampshire and the state chapter of the American Civil Liberties Union in September. Two University of New Hampshire students were also named as plaintiffs.